Introduced by Fischer, 43
Read first time February 12, 2007
Committee: Transportation and Telecommunications

WHEREAS, in May 2005, the United States Congress enacted
the REAL ID Act of 2005 (REAL ID Act) as part of the Emergency
Supplemental Appropriations Act for Defense, the Global War on
Terror Act, and Tsunami Relief, 2005 (Public Law 109-13); and

WHEREAS, Congress passed the REAL ID Act as a rider on a
military spending bill without a hearing in either the House or the
Senate; and

WHEREAS, the implementation of the REAL ID Act intrudes
upon the statesí sovereign power contained in the Tenth Amendment
to the United States Constitution to determine their own policies
for the identification, licensure, and credentialing of individuals
residing therein; and

WHEREAS, the REAL ID Act mandates an unfunded national
driverís license on the people of Nebraska by requiring the
state to conform its process of issuing driverís licenses and
identification cards to federal standards by May 2008; and

WHEREAS, the REAL ID Act creates the potential of a

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massive public sector data base containing information on every
American that is accessible to motor vehicle employees and law
enforcement officers nationwide that can be used to gather and
manage information on citizens; and

WHEREAS, the REAL ID Act converts the state driver
licensing function into federal law enforcement and national
security functions that are outside the purpose and core competency
of driver licensing bureaus; and

WHEREAS, the National Governorís Association, National
Conference of State Legislatures, and American Association of
Motor Vehicle Administrators predict state compliance with the
REAL ID Act provisions will require all of the estimated 245
million driverís license and identification card holders in the
United States to renew their current identity documents in person,
thereby placing enormous burdens on current driverís license and
identification card holders such as higher license and card costs,
longer lines to obtain licenses and cards, increased license and
card requests, and a waiting period to obtain licenses and cards;
and

WHEREAS, the REAL ID Act will cost the states over $11
billion to implement according to a recent survey of forty-seven
licensing authorities conducted by the National Governorís
Association, the National Conference of State Legislatures, and
the American Association of Motor Vehicle Administrators, with
the Nebraska Department of Motor Vehicles estimating that the

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implementation of the REAL ID Act will cost Nebraska $26 million,
none of which are costs that will be paid for by the federal
government; and

WHEREAS, the REAL ID Act wrongly coerces states into
doing the federal governmentís bidding by threatening to refuse
noncomplying statesí citizens the privileges and immunities enjoyed
by other statesí citizens; and

WHEREAS, the REAL ID Act threatens the privacy and
liberty of every driverís license and identification card holder in
the United States of America.

NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE ONE
HUNDREDTH LEGISLATURE OF NEBRASKA, FIRST SESSION:

1. That the Legislature opposes enactment or enforcement
in this state of the REAL ID Act.

2. That Congress should repeal the REAL ID Act to avoid
the significant problems it currently poses to state sovereignty,
individual liberty, and limited government.

3. That the Clerk of the Legislature transmit copies
of this resolution to the President of the United States, the
President pro Tempore of the United States Senate, the Speaker
of the United States House of Representatives, and the Nebraska
congressional delegation.

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